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(영문) 인천지방법원 2019.11.22 2019구합52960
관리처분무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant is a housing redevelopment and rearrangement project partnership that obtained authorization on October 4, 2010 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) within 129,59m2 (hereinafter “instant rearrangement zone”) in Michuhol-gu, Michuhol-gu, Incheon. The Defendant is the Defendant’s member who owns land, etc. in the instant rearrangement zone.

B. The Defendant obtained approval of a project implementation plan from the head of Michuhol-gu Incheon Metropolitan City on August 8, 2016, and received application for parcelling-out from members from November 14, 2016 to January 7, 2017.

C. On May 2, 2017, the Defendant: (a) held a general meeting on May 2, 2017 (hereinafter “instant general meeting”); (b) passed a draft of the management and disposal plan; and (c) obtained authorization from the head of Michuhol-gu Incheon Metropolitan City on June 19, 2017 from the head of the Michuhol-gu Incheon Metropolitan City (hereinafter “instant management and disposal plan”); and (d) publicly notified the instant management and disposal plan

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 7 evidence, Eul evidence 1 to 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is invalidated;

A. The management and disposal plan of this case asserted by the plaintiffs is invalid due to serious and clear defects as follows. Thus, the management and disposal plan of this case shall claim its confirmation.

1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 9, 2018; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”).

Article 46(1) of the former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 28628, Feb. 9, 2018; hereinafter “former Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas”).

Article 47(1)6 and 11 of the former Incheon Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments (amended by Ordinance No. 5688, Jul. 18, 2016; hereinafter “Gu Ordinance on the Maintenance of Urban Areas in Incheon”).

According to Article 21 subparagraph 5, the defendant shall apply for parcelling-out to the members prior to the application for parcelling-out.

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